To demonstrate the family burdens on the assumption that one of the parents is unaccounted for, the interested party must bring defamation proceedings of action between parents and children and obtain a judicial ruling in which, if any, will be reflected defaulting on maintenance or if there is the payment, which will not exceed the 75 % the minimum wage (SMI).

If on the date of application of the provision has not yet been issued this judicial ruling, is provisionally can bring about the justification of having been admitted to proceed.

The Civil Code in its article 143 establishes the obligation of the father and mother to feed their children.